The Choice Of Imprisonment Execution Change

The system of free execution is modified by commutation of sentence,parole and temporary execution outside prison.The objects of parole and temporary imprisonment are limited to the prisoners deprived of their liberty.Although the penalty of radiation restriction is applied,the rate of penalty is low,and the probability of commutation of sentence is even lower.Therefore,the above-mentioned change mode is mainly applicable to the execution stage of the sentence of imprisonment.For a long time,commutation of sentence has been the main means used by prisons and detention centre maintain safety and order in places and to guide the cooperation between prisoners and the law.The rate of parole is very low.There have been quite a lot of criticisms on the implementation of this change in the academic community,and the practical circles have also reviewed it from time to time.But there is little thunder and less rain to push the reform,so it is urgent to increase the theoretical thrust.More importantly,although expanding parole is a consensus,but on the basis of maintaining the existing rate of commutation of sentences or limiting the commutation of sentences,or whether parole is used as a substitute for commutation of sentences,academic circles hold different opinions and do not have a practical attitude.Therefore,it is very necessary to demonstrate the concrete improvement plan.At the same time,the Code of Criminal procedure and the Prisons Act provide for the temporary out-of-prison execution of persons who meet the legal conditions for imprisonment,unlike the suspension of the implementation of the provisions of the criminal law of most countries,Its depository basis and effect must be considered and evaluated.It is precisely in the mainland of China that there are these doubts and problems in the change of free execution of punishment.In the light of the idea of seeing both forests and trees,the author,on the basis of sorting out the relevant research results,This paper analyzes the legal and empirical basis of the change of the execution of imprisonment,probes into the types and proportions of the change of execution,and demonstrates the optimal path and scheme.The full text is divided into five parts,about 30,000 words.The first part introduces the background of the discussion,introduces the current situation of change execution,and sums up the problems in the practice of change execution.Firstly,the concept of change of execution of imprisonment is defined,and the types and contents of three kinds of change of execution are briefly introduced.Secondly,state the current situation of the change in the execution of imprisonment.Combing the relevant provisions of Criminal Law,Criminal procedure Law and judicial interpretation,this paper explains the degree of legal regulation,including the process control of commutation of sentence,parole and temporary execution outside prison,and generalizes the situation of the application of three kinds of changes as a whole.Thirdly,with the view of process control,the existing problems and causes of the change in the execution of imprisonment sentence are summarized according to the changing process.The analysis of the impact of the assessment index of commutation on the effect of commutation is not reasonable and the procedure of cancellation of commutation is lacking.From the common people in fear of crime and the binding of performance indicators,this paper analyzes the psychological state of the prison courts in which parole is avoided,and analyzes the phenomenon that people in prison are frequently recruited in order to escape from prison by many examples.The second part explains the legal and empirical basis of the change of the execution of imprisonment,and lays a theoretical foundation for the optimization of the execution system.First of all,from the point of view of the combination of responsibility and special prevention,as well as the social security and individual needs,the necessity and rationality of appropriate and timely change in the intensity of punishment are explained.Secondly,from the concept of socialization of execution and individualization of execution,this paper explains the core position of changing execution mode(parole)in the whole type of change of execution,and clarifies the basic direction of optimizing commutation and parole application.Thirdly,commutation of sentence and parole is not a unique system in our country.Many foreign countries have similar systems,and they start early,develop quickly,and have mature practices.They adopt the penal codes in the countries of the continental law system and the common law system outside the territory and in the countries of the common law system.The investigation of the criminal procedure code and the judicial operation practice,master the world scope commutation,the parole development trend and the operation law;Finally,according to the current regulations of our country,according to the law of execution of imprisonment,the mode of both commutation and parole is established.In the third part,it demonstrates the type of the change of the execution of imprisonment,cancels the concept of "temporary out-of-prison execution",and puts forward a concrete scheme to simplify the change of execution.First of all,according to the law of execution of imprisonment,it is pointed out that more than 90% of the prisoners return to society is the reality that the society must face today,critical prison is the assumption that ensuring social security after all,and it is confirmed that parole is the main type of change in the execution of imprisonment.And then establish the basic thinking of "parole as the principle,no parole as the exception".Secondly,from the perspective of the stability of the law,the application of commutation of sentence should be retained under the premise of expanding parole;Thirdly,many problems existing in the execution of temporary out-of-prison execution are analyzed,and it is suggested that suspension of execution should be used instead of temporary out-of-prison execution,and the time of seeking medical treatment and rest and recuperation outside prison will not be included in the term of imprisonment.The fourth part,aiming at commutation and parole,demonstrates the adjustment of the proportion of the change of imprisonment sentence.First of all,using the judicial practice data to visualize the application of the current commutation of sentence,on this basis,clarify the reasons for the execution and judicial organs to reuse commutation,explain the theoretical dilemma and practical malpractice brought about by the reuse of commutation,and propose to narrow the scope of application of commutation of sentence.Specific plans to reduce the frequency and magnitude of commutation.Secondly,we compare and analyze the data of parole application between our country and other countries in the world.According to the present situation of low parole rate in our country,we comprehensively and deeply analyze the internal causes,and reveal the truth that the parole measures of prisoners are actually covered by commutation of sentence.It is not true that parole is difficult.Then it puts forward the concrete thinking of adjusting the commutation of sentence and the rank of parole,that is,to establish the concrete scheme of "parole as the main,commutation as the auxiliary".The fifth part probes into the key points of implementing the change of the execution of imprisonment.First of all,from the perspective of commutation and parole,the paper systematically demonstrates the prison assessment index system,implements the basic scheme of risk assessment for prisoners,and optimizes the project and scheme of case correction with evidence-based correction concept and scientific objective criteria.Secondly,appropriate restrictions on the object of commutation,frequency and amplitude,leave room for the application of parole;Thirdly,according to the current regulations and the useful experience of foreign countries,the "can" and "should" parole standards are defined,and in the aspect of execution,the application rate of parole can be improved by means of positioning technology and the method of reversing the implementation of community correction.